What portability allows, the risks of switching, how a new employer files a new petition, and the timeline to get it right
You got selected in the FY2027 H-1B lottery — congratulations. But now you have a better offer from another company, or your relationship with your current employer has changed. Can you switch to the new employer before your H-1B starts on October 1? The short answer is: it's complicated, and the approach depends entirely on your current immigration status and timing.
Quick Answer: You cannot simply transfer your H-1B selection to a new employer. If you want to switch before October 1: (1) the new employer must file a brand new H-1B petition using your selection notice, (2) the new petition must be filed before June 30, 2026, (3) if approved, you start H-1B with the new employer on October 1. If the new employer missed the registration window, they cannot file — you would need to start with the original employer and transfer later.
| Company | H-1B Filings | Pre-October Transfer Policy |
|---|---|---|
| Amazon | 55,150 | Will file new petition if candidate selected |
| Microsoft | 34,626 | Can file cap-subject petition for selected beneficiary |
| 33,416 | Experienced with pre-Oct petition filing | |
| Infosys | 32,840 | May require notice period; petition tied to client |
| Tata Consultancy Services | 28,950 | Contractual obligations may complicate transfer |
| Cognizant | 26,700 | Review employment agreement before switching |
| Deloitte | 18,200 | Professional handling of pre-Oct transitions |
| Apple | 15,800 | Can file petition for selected beneficiary |
Scenario 1: New employer also registered you and you were selected through them. This is the simplest case. The new employer files the I-129 petition based on their selected registration. The original employer's registration (if they also registered you) would show "Not Selected" since only one registration per beneficiary enters the lottery. You proceed with the new employer's petition.
Scenario 2: You were selected through your current employer but want to switch to a new employer. This is more complex. Under current USCIS rules, another employer can file a cap-subject petition on your behalf using the same fiscal year cap allocation — but only if they file before the June 30 petition deadline. The new employer's petition references your valid selection. This is sometimes called a "concurrent" or "competing" cap petition. It is legal but requires the new employer to act quickly.
If the new employer did NOT register you and is not cap-exempt, they cannot file an H-1B petition for you until next year's lottery. Your only options would be to start with the original employer on October 1 and then file an H-1B transfer to the new employer once in H-1B status.
Timing is the biggest risk. The new employer must file by June 30 — this includes LCA certification (7-10 business days), document preparation, and petition filing. Starting the process in June leaves very little margin. Employment agreements with your current employer may include non-compete or notice period clauses. Do NOT tell your current employer you are leaving until the new petition is filed or you have a clear legal strategy — if they withdraw their petition before yours is approved, you could be left with no H-1B at all.
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Search H-1B Sponsors on Wisa →You cannot 'transfer' the selection itself. However, another employer can file their own cap-subject petition for you within the same fiscal year, as long as they file before the June 30 deadline. This effectively lets you switch employers before October 1, but requires the new employer to file a complete petition from scratch.
Be very careful. If your current employer learns you're leaving and withdraws their petition before the new employer's petition is approved, you could lose your H-1B entirely. Consult an immigration attorney before disclosing your plans. The safest approach is to ensure the new employer's petition is filed (and ideally approved via premium processing) before informing your current employer.
If the new employer did not register you and is not cap-exempt, they cannot file an H-1B petition for you this fiscal year. Your options: (1) start with the original employer on October 1 and transfer later, (2) have the new employer register you for next year's lottery, or (3) find a cap-exempt employer that can file at any time.
If you are currently on OPT or STEM OPT, you may be able to work for the new employer under your OPT authorization (which allows employment related to your field of study). However, the H-1B petition must still be filed by June 30. Consult your DSO and immigration attorney to ensure OPT employment with the new employer is properly authorized.